R. v. Comeau

R. v. Comeau

The court accepted expert evidence that the complainant lacked capacity to give informed consent and found on the evidence that the accused, aware of the special-care environment, prior warnings and the complainant's cognitive deficits, failed to take reasonable steps and was wilfully blind to her incapacity; therefore the accused did not have an honest but reasonable belief in consent and is guilty of sexual assault.

Citation
2017 NSSC 62
Parties
Crown: Her Majesty The Queen; Accused: Joseph Elizee Comeau
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 February 2017
Procedural Posture
Criminal Sexual Assault / Trial
Outcome
Guilty of sexual assault contrary to s.271 of the Criminal Code
Legal Topics
Consent, Capacity, Mens Rea, Wilful Blindness, Reasonable Steps to Ascertain Consent
Source Language
English
Criminal Law Sexual Offences Evidence Capacity to Consent Consent Capacity Mens Rea Wilful Blindness +1 more

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Parties

Her Majesty The Queen

Crown

Joseph Elizee Comeau

Accused

Procedural Posture

Criminal Sexual Assault / Trial

Legal Issues

  1. 1 Whether the complainant had legal capacity to consent to sexual activity
  2. 2 Whether the accused had the requisite mens rea (knowledge, recklessness or wilful blindness)
  3. 3 Whether the accused took reasonable steps to ascertain consent in the circumstances

Ratio Decidendi

The court accepted expert evidence that the complainant lacked capacity to give informed consent and found on the evidence that the accused, aware of the special-care environment, prior warnings and the complainant's cognitive deficits, failed to take reasonable steps and was wilfully blind to her incapacity; therefore the accused did not have an honest but reasonable belief in consent and is guilty of sexual assault.

Court Disposition

Guilty of sexual assault contrary to s.271 of the Criminal Code

Orders

  • Accused found guilty of sexual assault contrary to s.271 of the Criminal Code